12-13-94 BZA Minutes
1362
MINUTES OF A REGULAR MEETING OF THE
GOLDEN VALLEY BOARD OF ZONING APPEALS
December 13, 1994
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The regular meeting of the Golden Valley Board of Zoning Appeals was held
Tuesday, December 13, 1994 in the Golden Valley Council Chambers, City Hall,
7800 Golden Valley Road, Golden Valley, Minnesota. The meeting was called to
order by Chair Sell at 7:00 PM.
The following Board Members were present: Chair Mike Sell, Emilie Johnson,
Herb Polachek, Mahlon Swedberg, and Robert Schaffer. Also present was Mark
Grimes, Staff Liaison.
I. Approval of Minutes - November 9, 1994
MOVED by Swedberg, seconded by Johnson and motion carried unanimouslyt() approve
the November 9, 1994 minutes as submitted.
II. The Minutes for the Petitions are as follows:
6701 Glenwood Avenue (94-12-52)
Michael T. and Fern G. DeRubeis
Request: Waiver of Section 11.21, Subd. 7(B) states that a rear yard
setback shall be 20% of the lot depth. Variance is for 17.19
feet off the required 31.19 feet to a distance of 14 feet.
Purpose: To make the lot legally non-conforming so a conforming 191x20'
two-story addition can be added to the front of the home.
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The petition was in order and surrounding property owners were notified of the
request for a rear yard variance. Mr. and Mrs. DeRubeis were present to answer
questions from BZA Members. No other persons were in attendance. Staff
Liaison Mark Grimes provided a brief staff report stated that the purpose for
the variance was to make the lot legally non-conforming so the DeRubeis' could
construct a two-story addition onto the north side of the home.
Member Schaffer commented that there is a deck to the south of the home which
would make the footage for the variance more than the requested 8.91. Staff
and other members missed the deck (which has no railings and is low to the
ground) due to snow cover. It was decided by the BZA to grant the variance
based on the exact location of the deck to be verified by staff.
MOVED by Swedberg, seconded by Polachek and motion carried unanimously to
approve the petition for a waiver of Section 11.21, Subd. 7(B) for 17.91 feet
off the required 31.19 feet (20% of lot depth) to a distance of 14 feet.
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Minutes of the Board of Zoning Appeals
December 13, 1994
Page Two
6443 Westchester Circle (94-12-53)
Mark Flaten and Lisa Novotny
Request: Waiver of Section 11.21, Subd. 7(B) states that a rear yard
setback shall be 20% of the lot depth. Variance is for 8.95
feet off the required 35.15 feet to a distance of 26.2 feet;
and
Waiver of Section 11.21, Subd. 7(C)(1) states that lots having
a width of 100 feet or greater, the side yard setback shall be
15 feet. Variance is for 2.8 feet off the required 15 feet to
a distance of 12.2 feet.
Purpose: To construct an addition onto the garage portion of the home.
The petition was in order and adjacent property owners were informed of the
proposed rear yard and side yard setback variances. Rev. Flaten was present to
answer questions. No other persons were in attendance. Staff Liaison Mark
Grimes provided a brief staff report stating that the purpose for the variances
was to make the lot legally non-conforming and the request is very straight for-
ward. The proposed addition would fit within the setback requirements making it
conforming. Member Johnson reiterated staff comments that the request for
variances was to clean up lot non-conformities.
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MOVED by Johnson, seconded by Polachek and motion carried unanimously to approve
the requested variances of Section 11.21, Subd. 7(B) for 8.95 feet off the
required 35.15 feet to a distance of 26.2 feet and Subd. (C)(l) for 2.8 feet off
the required 15 feet to a distance of 12.2 feet.
500 Janalyn Circle (94-12-54)
David and Cathy Swanson
Request: Waiver of Section 11.21, Subd. 7(A) states that a front setback
shall be 35 feet from the front property line front setback
variance of 2.8 feet off the required 35 fe~t to a distance of
32.2 feet; and
Waiver of Section 11.21, Subd. 7(B) states that a rear yard
setback shall be 20% of the lot depth. Variance (house) is for
8.96 feet off the required 26.16 feet to a distance of 17.2
feet; and
Waiver of Section 11.21, Subd. 7(B) states that a rear yard
setback shall be 20% of the lot depth. Variance (proposed deck)
is for 11.16 feet off the required 26.16 feet to a distance of
15 feet; and
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Waiver of Section 11.21, Subd. 7(C)(1) states that lots having
a width of 100 feet or greater, the side setback shall be 15
feet. Variance is for 6 feet off the required 15 feet to a
distance of 9 feet.
Purpose:
To make the lot legally non-conforming and to allow the addition
of a deck and future enclosed three season porch.
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Minutes of the Board of Zoning Appeals
December 13, 1994
Page Three
The petition was in order and property owners were notified of the proposed I
var; ances be; ng requested. Mr. Ed Noonan. Noonan Construct; on and Mr. ,S~anson
were present representing the Swanson IS. No other persons were ihattendance.
Staff Liaison Mark Grimes provided a brief staff report stating that the appli-
cant has submitted two options for the BZA to review. The first option is a
deck with should be built this Spring. The second option would be a three-
season octagon porch with would be built late 1995 or early 1996. The owners
are not sure if they would need an enclosed porch.
Mr. Noonan commented that the footings that will go in this winter will accom-
modate the deck and three-season porch.
Member Johnson asked if the owners were proposing to build the deck first and
then the three-season porch. Mr. Noonan commented that the deck would be built
first and the three-season porch would fit on top of the deck. The porch would
be located to the front of the deck facing the street.
Chair Sell asked Mr. Noonan if the neighbors were told about the enclosed porch
and Mr. Noonan commented that they were told about the two options.
Member Swedberg was concerned about the BZA addressing the appropriate struc-
ture that would affect this property. Chair Sell asked if the footprint, which
was included in the agenda packets, would be followed. Ed Noonan commented
that there was a slight change and reviewed the plans with the BZA members.
BZA members discussed the topography of the back yard and surrounding area.
MOVED by Polachek, seconded by Swedberg and motion carried unanimously to
approve the following variances with the understanding that the members
thoroughly discussed the building of the deck and three-season porch and the
deck would be built first and a three-season porch built within the variance
time table. The variances are for Section 11.21, Subd. 7(A) -- front setback
-- 2.8 feet off the required 35 feet to a distance of 32.2 feet; Subd. 7(B) __
rear yard setback -- 8.96 feet off the required 26.16 feet to adistahCe ()f'"
17.2 feet (for the house); Subd. 7(B) -- rear yard setback -- 11.16 feet off
the required 26.15 feet to a distance of 15 feet (for the deck) and Subd.
7(C)(I) -- side yard setback 6 feet off the required 15 feet to a distance
of 9 feet.
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Chair Sell commented that it was the policy of the BZA to try and maintain
front yard setbacks and that this particular project is behind the neighboring
home to the side and shouldn1t have an adverse affect on the neighborhood.
III. Other Business
Chair Sell asked about applications coming in with current surveys.
Staffls pOlicy is to ask for a survey if there is not an lIas-builtll in the file
or if the survey in the file is old and the lot has had addition(s) added to
it.
The BZA and the Staff Liaison talked at some length about the language used
in the application under No. 11 pertaining to the word IIConsentll. Staff is
looking at rewriting portions of the application for clarity and redoing the
narrative for the petition application.
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Minutes of the Board of Zoning Appeals
December 13, 1994
Page Four
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IV. Adjournment
MOVED by Johnson, seconded by Swedberg and motion carried unanimously to
adjourn the meetin at 8:05 PM.
'YhJv~
Mike Sell, Chair
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